Paramount Pictures is being sued by the heirs of Ehud Yonay (the author of the article that inspired the movie “Top Gun”) for copyright infringement related to the film’s sequel, “Top Gun: Maverick,” grossing $584.6 million globally.
The Yonay’s allege they properly recovered their rights to the story under the Copyright Act, 17 U.S.C. § 203(a) (see below for brief explanation), by sending Paramount a statutory notice of termination and filing it with the Copyright Office, to be effective January 2020. Thus, January 2020, the copyright to the story reverted to the Yonay’s. However, Paramount Pictures ignored the notice and continued to produce the film.
Top Gun: Maverick was initially to be released in 2019 but was delayed until the following year, then again multiple times due to the coronavirus pandemic. Paramount argues the sequel was “sufficiently completed” by January 24, 2020, while the Yonay’s argue Maverick was completed in May 2021. It is unclear when Paramount officially finished the film, and that date is likely the deciding factor on whether the Yonay’s had the rights to the Top Gun: Maverick story.
Paramount Pictures further argues that they did not use the Top Gun story, that it was just an inspiration. The Yonay’s response to that argument is that any derivative of the original article is protected under their copyright protection.
Finally, the Yonay family seeks damages, a cut of the profits, and an injunction relief from Paramount. However, Paramount boldly states: “These claims are without merit, and we will defend ourselves vigorously.”
What do you think about the use of Ehud Yonay’s article? Do you think Top Gun: Maverick is based off the article? When do you think Top Gun: Maverick was officially completed?
Copyright Act, 17 U.S.C. § 203(a): previously transferred rights under copyright will be recaptured by the author if Notice of Termination is served by the author at any time between ten (10) and two (2) years before the effective thirty-five (35) year termination date.
Explanation:
- Termination cannot be effective until 35 years after the date of assignment or license execution.
- Notice of Termination cannot be until 25 years after the date of execution.
- Notice of termination must be within 2 years of the effective termination date.